5 — Infringements of the Highway Code and other minor offences
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Traffic offences are dealt with in the highway code, which includes offences related to alcohol consumption, speed offences and offences related to behaviour in the event of an accident.
What are the offences related to alcohol consumption?
A differentiation should be made by the rate. The base rate from which alcohol consumption becomes punishable is 0.5 g per litre of blood and for some categories of drivers, the rate is 0.5 g to 0.2 g per litre of blood (candidates for driving licences, emergency drivers, drivers of vehicles used for the paid transport of persons, etc.). From this rate, the police court is competent (serious contravention) and the rest is up to a rate of at least 1.2 g per litre of blood, that is the threshold from which the criminal court becomes competent (offence).
The law also provides for the case of clear signs of intoxication. If you have a rate of less than 0.5 g per litre of blood, but you have clear signs of your kind, you will be treated as if you had at least 0.5 g per litre of blood. Similarly, in the case of a rate of between 0,5 and 1.2 g per litre of blood, but in the presence of clear signs of drink-driving, the treatment will be as if at least 1.2 g per litre of blood.
What penalties do you risk?
You may have the following sentences: imprisonment, fine, ban on driving (provisional, definitive, immediate withdrawal) or confiscation. The penalties vary according to the seriousness of the offence.
What are speed offences?
There are three offences linked to speed:
The simple summary
This refers to each overrun which does not fall into another category. The penalty of a simple summary penalty will be the payment of a fine and the case will be terminated.
The serious contravention
The penalty will be a fine (EUR 25 to EUR 500).
The offence of high speed (only in the event of a repeat offence following a first serious contravention)
The penalty will be a fine (EUR 500 to EUR 10,000) and a penalty of imprisonment (8 days to 3 years) or one of these penalties.
For more details, see the thresholds for speeding and their severity in terms of severity, consult the Ministry for Sustainable Development and Infrastructure — Department of Transport
What are the offences related to behaviour in the event of an accident?
The offence of absconding
In the event of an accident (regardless of the nature or importance of the damage) you must remain at the scene of the accident until all the findings are made, otherwise you have committed a leak.
In the event of a leak, you may risk imprisonment, a fine and a driving ban.
Failure to provide assistance to persons at risk
Failure to provide assistance to a person in danger is punishable if, without serious danger to you or someone else, you are deliberately abstaining from or providing assistance to a person who is exposed to a serious risk, either because he or she has been identified by you, or that the situation has been described by those who request your assistance.
In the event of failure to assist a person in danger, you may be sentenced to a term of imprisonment of between eight days and five years and a fine of between EUR 251 and EUR 10,000, or one of those penalties alone.
Unintentional blows and injuries and manslaughter.
The case will be treated as another non-circulation case before the court.
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Last update: 10/09/2019